TTAB May Have New Standard For Interstate Commerce

Law360, New York (March 18, 2016, 11:38 AM EDT) -- Scott Slavick

Arturo Ishbak Gonzalez In February 2014, Italian restaurant Readi Spaghetti applied to register the "Flatizza" mark for pizza. When it filed, the company was operating a single location in Bothell, Washington, just north of Seattle. Flatizza was the name of one of its flat pizzas.

Doctor’s Associates Inc., the company associated with the Subway restaurant chain, applied for the marks Flatizza and Flatizzas for sandwiches in April 2014, almost two months after Readi Spaghetti’s application was filed.

Despite filing later, Doctor’s Associates opposed Readi Spaghetti’s application. It claimed that Janco LLC, which owns Readi Spaghetti, did not use its mark...

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